HIMANSHU BIJALWAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) According to the petitioner, Block Narendra Nagar, District Tehri Garhwal seat has been reserved for general category women candidate, whereas on the last election held in the year 2008, it was also reserved for general category women candidate. According to the petitioner this is in violation of Article 243-D of the Constitution of India as well as Rule 5 of U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1994.

(2.) Mr. Rakesh Thapliyal, learned counsel for the petitioner submits that according to the Article 243-D of the Constitution of India the reserve seat has to be done by way of "rotation" which has not been followed. This is also the contention of the learned counsel for the petitioner that Rule. 5 of the U.P. Kshettra Panchayats & Zila Panchayats Adhiniyam, 1994 which provides the criteria for allotment of offices by rotation is the population. The Article 243-D of the Constitution of India reads as under:-

(3.) However, this Court has been informed that since the order has been passed in WPMS No. 1612 of 2013 (decided on 26.11.2013) wherein direction was issued to the State Authorities to hold the election as per the census of 2011, this writ petition is disposed of with a direction to the petitioner, who is at liberty to make a fresh representation bringing all his grievances before the authority concerned, who shall decide the matter, in accordance with law, within a period of two months from the date of production of a certified copy of this order.